S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Another Thank You...  (Read 1084 times)

Lyrael924

  • Jr. Member
  • **
  • Posts: 53
  • Karma: 0
    • View Profile
Another Thank You...
« on: Jan 27, 2006, 04:44:00 PM »
Dear Soc,

I have been writing you for several months regarding our case. My son is 9 years old, and our original order was entered in Hawaii. Child and Mom lived in Oregon long enough to establish Oregon's jurisdiction.

Our hearing was today at 9am. While we did not receive the stamped subpeona form from the Oregon court in time for the hearing, I was able to use the first couple of days of my visit to track down copies of restraining orders filed against Mom by her mother, and stepdad by Mom's sister. Those orders were dated shortly after Mom and Son arrived in OR, and I used those and the record of service of the registration of the Hawaii custody and support order to establish the required length of residency. Mom never resubmitted her response letter with the required filing fee, and did not appear at the hearing.

Not only did the judge accept jurisdiction, he gave us MORE visitation than we initially asked for! We now have ordered every spring break, alternating halves of Christmas break, 3 weeks every summer, every other Thanksgiving, and the option to take any long weekend once per month, with two weeks of notice given.

It could not have gone more beautifully, and we could not have done it without your help. Thank you! You are amazing. I have to also say thanks for the cautious way you prepared us at every turn to face defeat, because we were prepared for the worst and willing to work through it, and were surprised and delighted with the results. THANK YOU! THANK YOU! THANK YOU!

I did want to ask:
1) What legal moves can the mother make to fight this order?


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Another Thank You...
« Reply #1 on: Jan 27, 2006, 05:50:27 PM »
>Dear Soc,
>
>I have been writing you for several months regarding our case.
>My son is 9 years old, and our original order was entered in
>Hawaii. Child and Mom lived in Oregon long enough to establish
>Oregon's jurisdiction.
>
>Our hearing was today at 9am. While we did not receive the
>stamped subpeona form from the Oregon court in time for the
>hearing, I was able to use the first couple of days of my
>visit to track down copies of restraining orders filed against
>Mom by her mother, and stepdad by Mom's sister. Those orders
>were dated shortly after Mom and Son arrived in OR, and I used
>those and the record of service of the registration of the
>Hawaii custody and support order to establish the required
>length of residency. Mom never resubmitted her response letter
>with the required filing fee, and did not appear at the
>hearing.
>
>Not only did the judge accept jurisdiction, he gave us MORE
>visitation than we initially asked for! We now have ordered
>every spring break, alternating halves of Christmas break, 3
>weeks every summer, every other Thanksgiving, and the option
>to take any long weekend once per month, with two weeks of
>notice given.
>
>It could not have gone more beautifully, and we could not have
>done it without your help. Thank you! You are amazing. I have
>to also say thanks for the cautious way you prepared us at
>every turn to face defeat, because we were prepared for the
>worst and willing to work through it, and were surprised and
>delighted with the results. THANK YOU! THANK YOU! THANK YOU!
>
>I did want to ask:
>1) What legal moves can the mother make to fight this order?

FABULOUS! "I feeeel good (da da da da da da dat)!" -- James Brown

Mother's only recourse would be to appeal to the Oregon Court of Appeals($$$$$), or she can move to quash any enforcement in a PA court. In order for you to enforce, you'll have to register the Oregon order in PA (just like you did the HI order in Oregon) and then get a contempt/enforcement order. The PA court would not be able to avoid the terms of the order, under the full faith and credit clause of the Constitution, however, it could simply refuse to grant you the contempt/enforcement by not finding that you met the burden of proof.

Always a possibility, but I think unlikely, because you could argue the same as in Oregon, that mother is a "runner" and if the court allows her, she will frustrate your visitation with the child forever.

Lyrael924

  • Jr. Member
  • **
  • Posts: 53
  • Karma: 0
    • View Profile
RE: Another Thank You...
« Reply #2 on: Jan 27, 2006, 07:20:24 PM »
Thanks for the reply, and I have been singing "I feel good" all day! WOOHOO!

My follow-up question is this:

Do we file to enforce before we give the mother a chance to comply with Oregon's order? Meaning, I guess, do we get an enforcement order right after the registration?

Thanks again!

socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Another Thank You...
« Reply #3 on: Jan 27, 2006, 11:10:49 PM »
>Thanks for the reply, and I have been singing "I feel good"
>all day! WOOHOO!
>
>My follow-up question is this:
>
>Do we file to enforce before we give the mother a chance to
>comply with Oregon's order? Meaning, I guess, do we get an
>enforcement order right after the registration?
>
>Thanks again!

 You have no standing in court until you have actual or imminent threat of harm.

So, there's nothing to enforce until she fails to comply or at least threatens to not comply, either by word or conduct demonstrating her intent to disregard the court orders.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.